Court of Criminal Appeal

A Tipperary man who attacked an army veteran with an ornamental sword, leaving him with brain damage and partial paralysis in what was described as a “savage attack”, has failed in appeal against his nine-year sentence.

The new Court of Appeal today dismissed an appeal brought by Liam McCarthy (30), who was serving a suspended sentence for another assault when he struck Martin Butler (51) in the head with a sword following a row outside a pub.

There was evidence that McCarthy struck Mr Butler from behind with the sword, hitting him on the left side of his the head and causing ….read more

The new Court of Appeal will hear an application from prosecutors that the sentence handed down to the father of well known abuse victim Fiona Doyle was unduly lenient.

Patrick O’Brien (74) had pleaded guilty to 16 charges of rape and indecent assault at Mackintosh Park, Pottery Road in Dun Laoghaire from 1973 to 1982.

Trial judge Mr Justice Paul Carney had described it as one of the worst cases of abuse one could possibly find.

Mr Justice Carney, taking into account Mr O’Brien’s health problems, sentenced him to 12 years in prison, suspended the final nine and granted him bail pending an ….read more

by Aodhan O’Faolain

Adam Clayton’s former personal assistant Carol Hawkins will have to change her identity because she will be forever known for stealing from the U2 musician, the Court of Criminal Appeal has heard.

This morning the CCA dismissed Ms Hawkins appeal against her conviction for theft from the U2 bass guitarist. The court is expected to rule in the next few days on her appeal against the severity of the seven year sentence imposed on her by Judge Patrick McCartan at Dublin Circuit Criminal Court in July 2012.

The CCA, composed of Mr Justice Peter Charleton, presiding, alongside Mr Justice ….read more

(Pictured: Chief Justice Susan Denham (Middle), Mr Justice Nicholas Kearns (Left) and Mr Justice John Murray (Right))

by Aodhan O’Faolain

The Chief Justice Susan Denham has issued a direction as to what cases are to be considered by the newly established Court of Appeal.

As a result of the direction, given in accordance with Article 64 of the Constitution this evening, 258 certified appeals will transfer and be heard by the new tier of the courts. Some 327 appeals certified as ready for hearing will be retained by the Supreme Court.

The establishment of the new court to help clear the four year ….read more

by Aodhan O’Faolain

A man who attacked his former partner leaving her with permanent facial disfigurement has failed to have appeal against his conviction referred to the Supreme Court.

In July 2012 Fergal McNulty (44) was jailed for eight years by Judge Patrick McCartan having been found guilty by a Dublin Circuit Criminal Court jury of assault causing harm and assault causing serious harm to Una Webb on September 3rd, 2009.

McNulty, with an address at Whitworth Road, Drumcondra, Dublin 9 but who is originally from Sligo, had pleaded not guilty to the offences which occurred on St Anne’s Road in Drumcondra.

The trial ….read more

A Dublin man who was twice convicted of the same murder and successfully appealed the first count must wait to hear whether his second appeal can be taken to the Supreme Court.

Warren Dumbrell (40) was jailed, along with his brother Jeffrey (34), for life in February 2011 after being convicted for murdering father-of-six Christopher Cawley outside his flat in Inchicore, in Dublin on October 29 2006. Both brothers, with a last address at Emmet Place, Inchicore, had pleaded not guilty to the murder.

Mr Cawley was attacked and fatally stabbed on the stairway of the flat complex where he lived. The ….read more

A former Fine Gael Councillor, who told a court today that he saw stabbings in Mountjoy Prison and “wanted out”, has been granted an extension of time to appeal his conviction for receiving corrupt payments.

Fred Forsey Jnr (45) was found guilty of taking monies totalling €80,000 in Waterford Circuit Criminal Court two years ago and sentenced to six years in prison with the final two suspended.

In the Court of Criminal Appeal today, counsel for Mr Forsey, Remy Farrell SC, sought an extension of time to allow Mr Forsey appeal his sentence and conviction. A defendant has 21 days from the ….read more

The Master of a Spanish fishing vessel has failed in his bid to appeal a fine and conviction for incorrectly recording the level of monkfish onboard his boat in August 2013.

Jesus Ramon Rea Rosales, who was Master of the fishing vessel Armaven Dos, was only permitted to have onboard 7,344 kg of monkfish but was actually found to have been carrying 11,888 kg of the fish when his boat was detained by Sea-Fisheries Protection Officers in August 2013.

Mr Rosales (41) with an address in Pontevedra, Spain, had pleaded guilty to the offence in Cork Circuit Court and was fined €2,500 ….read more

A 68-year-old man convicted of sexual assault has been refused bail pending his appeal on grounds that his trial judge did not vindicate his right to silence.

Pat O’Malley, whose address cannot be published, was found guilty of sexual assault in a trial earlier this year and sentenced to five years imprisonment.

Counsel for Mr O’Malley, Patrick McGrath SC, said the main ground for appeal were the “unwarranted and inappropriate comments” made by the prosecution’s key witness and first complainant before jurors during the trial.

Mr McGrath said he had put to the witness during cross examination that having not been believed by ….read more

Adam Clayton’s former personal assistant must wait to hear the outcome of an appeal against her conviction and seven year sentence for theft from the U2 bass guitarist.

Carol Hawkins (51), originally from North London but with a last address at Lower Rathmines Road, Dublin was jailed in 2012 on 181 counts of theft from two of Mr Clayton’s Bank of Ireland accounts over a four year period from 2004 to 2008. The thefts totalled €2,869,274.

The trial court heard that Ms Hawkins used the money to purchase and maintain 22 thoroughbred racehorses, a €310,000 New York apartment, holidays, education for her ….read more

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